WONG KWOK HONG AND ANOTHER v. A. & R. BROWN, LTD., AND ANOTHER.

(1947) 81 Ll.L.Rep. 199

COURT OF APPEAL.

Before Lord Greene (Master of the Rolls), Lord Justice Asquith and Lord Justice Evershed.

Practice-Costs-Joinder of parties-Action against two defendants-Liability of unsuccessful defendants to pay costs of successful defendants-"Discretion of Court or Judge" - Appeal - Personal injuries sustained by plaintiff workmen while employed in ship repairs -Action brought jointly or in alternative against employers (first defendants) and shipowners (second defendants) - Judgment entered for plaintiffs against second defendants, with costs, and for first defendants, with costs against plaintiffs-Appeal by plaintiffs on question of costs, without leave of Judge-Supreme Court of Judicature (Consolidation) Act, 1925, Sect. 31: (1) No appeal shall lie- . . . (h) without the leave of the Court or Judge making the order, from an order of the High Court or any Judge thereof made with the consent of the parties or as to costs only which by law ore left to the discretion of the Court . . .

Contention by plaintiffs that they had reasonably exercised their rights under R.S.C., Order 16, r. 7, in bringing their action against both first and second defendants, and that having reasonably exercised that right they were entitled to a Bullock Order; alternatively, that the learned Judge failed properly to exercise his discretion in refusing to make such Order.